Rioles Law OfficesRioles Law Offices | Rhode Island Divorce Lawyer | Family Law2026-05-21T18:11:57Zhttps://www.riolesfamilylaw.com/feed/atom/WordPressOn Behalf of Rioles Law Offices<![CDATA[Valuing collections while preparing for a divorce]]>https://www.riolesfamilylaw.com/?p=504572026-05-21T18:11:57Z2026-05-21T18:11:56ZCollections can be worth thousands
Technically, any assets acquired with marital income are part of the marital estate if spouses divorce. Both joint collections that spouses built together and personal collections maintained by one spouse may influence property division outcomes.
Couples who collect wine might have bottles worth hundreds or thousands of dollars. They may not intend to sell their wine, but they do need to know what it is worth to divide it reasonably or to balance out one spouse's retention of the collection in the property division settlement.
Works of fine art, sports memorabilia, vintage wristwatches, designer wardrobes and heirloom furniture are all examples of collections that could have a substantial impact on the final property division terms set in a divorce. Taking the time to properly value the most valuable items in a collection can help spouses achieve a fair property division outcome.
Undervalued collections can skew property division proceedings, especially if one spouse may be aware of the other's lack of knowledge and may take advantage of the situation. Spouses concerned about high-asset property division issues may want to review their marital holdings with a lawyer accordingly.]]>On Behalf of Rioles Law Offices<![CDATA[3 reasons not to seek as much custody as possible]]>https://www.riolesfamilylaw.com/?p=504552026-05-10T01:35:05Z2026-05-10T01:35:05Z1. It increases the chance of a difficult divorce
Divorces tend to be simpler when spouses are willing to cooperate to help ensure both come out of the marriage as happy as possible. When spouses focus only on what they want, without regard for what their spouse might want, it increases the chance of conflict and drawn out proceedings. Accepting that your spouse likely want to have the kids as much as you do and trying to find a fairer split of custody and parenting time is usually for the best.
2. It might be harder work than you expect
Some parents go into a divorce underestimating just how much their spouse did with regard to the kids. If they were to get the lion’s share of custody they want, they might soon find themselves struggling to make time for themselves. This can be particularly pertinent in times when the children are off school.
3. It may not be ideal for the kids
Even if you believe your soon-to-be ex has been a bad spouse, your children may have a very different view of them as a parent. With a few exceptions, most children want to spend time with both parents and benefit from being able to do so regularly.
It’s crucial to remember that courts look favorably on custody agreements that are in the best interests of the children rather than catering to either parent’s preferences. Learning more about what this means can help you navigate your divorce.]]>On Behalf of Rioles Law Offices<![CDATA[Do your bonuses count towards your alimony order in Rhode Island?]]>https://www.riolesfamilylaw.com/?p=504522026-04-24T08:26:01Z2026-04-24T08:26:01ZMany Rhode Island professionals rely on annual or performance-based bonuses as a significant part of their take-home pay. If you are considering divorce, you may be asking a very important question: does that bonus money stay in your pocket or does it increase your alimony obligation? The answer is not always simple, but understanding how Rhode Island law treats bonuses can help you plan ahead.
How Rhode Island defines income for alimony
Rhode Island law takes a broad view of income when calculating alimony. Courts consider wages, salaries, commissions and bonuses as part of your total earnings. So if you receive regular performance bonuses, a judge may factor that money into your spousal support obligation. This is especially important to consider if your bonus makes up a large portion of your annual pay. Thus, knowing this upfront helps you set realistic expectations as you move through the divorce process.
When a bonus had already been divided
That said, not all bonuses will automatically count as income for alimony. If the court already treated a bonus as a marital asset and divided it during property distribution, it generally will not count that money again as income for alimony purposes. Counting the same money twice would be unfair and Rhode Island courts recognize that. Hence, be sure to ask your attorney how your settlement categorized your bonus before drawing any conclusions.
What happens if your bonus disappears?
Beyond how the court categorizes your bonuses, your financial picture may change significantly once you finalize your divorce. If your company stops offering bonuses due to economic hardship or a shift in policy, you should not have to keep paying support based on income you no longer receive. In that situation, you can file a Motion to Modify your alimony order. That motion allows the court to review your current earnings and adjust your payments accordingly.
Protect the income you’ve worked hard to earn
Divorce brings enough complexity without the added uncertainty of how your bonus income will affect your financial future. Therefore, the more clearly you understand your rights and your options, the better you can make decisions that reflect your actual financial situation. This is why taking the time to learn how Rhode Island courts handle bonus income is one of the most practical steps you can take to protect what you have worked hard to earn.]]>On Behalf of Rioles Law Offices<![CDATA[How health challenges can impact Rhode Island alimony orders]]>https://www.riolesfamilylaw.com/?p=504502026-04-22T18:06:16Z2026-04-22T18:06:16ZDo medical issues affect earning potential?
In some cases, spouses requesting alimony petition the courts for financial support due to their personal medical challenges. For example, it is somewhat common for people to divorce after a cancer diagnosis. When one spouse is clearly unable to work because of a debilitating medical condition, the courts may agree that alimony is appropriate, at least for as long as the condition diminishes their earning capabilities.
In other cases, the party with the debilitating medical condition might be a child who depends on the divorcing spouses. Both minor and adult children with disabling medical conditions can impact their parents’ earning potential.
If one parent acts as the primary caregiver for the child, they may be unable to work anything beyond a part-time position or a low-demand remote work job. The courts consider how medical concerns and custody arrangements for children with medical challenges may affect the ability to live independently and maintain gainful employment.
Those seeking alimony during a Rhode Island divorce may need guidance regarding their rights. Partnering with an attorney familiar with complex divorce matters, including alimony, can help people pursue reasonable divorce terms.
]]>On Behalf of Rioles Law Offices<![CDATA[Financial disclosure when going through a divorce]]>https://www.riolesfamilylaw.com/?p=504482026-04-07T08:49:32Z2026-04-07T08:49:32ZSpouses getting a divorce are required to follow certain steps to ensure fair decisions are made. Submitting a financial disclosure is one of those steps, as it helps in ensuring a fair and transparent property division. In Rhode Island, the disclosure is done using the DR-6 Statement of Assets, Liabilities, Income and Expenses, also called the FC-5 form.You and your spouse need to submit this form to have a clear picture of your marital assets and debts. Here is what to know:
Provide correct information
When filing out your form, make sure you provide accurate information. This is a sworn document made under oath/ penalty of perjury. So, double-check your numbers before submitting the form and have supporting documents. If you fail to disclose needed information or make false declarations, you may find yourself in legal trouble. You may face penalties for providing an inaccurate statement, and the court may reject it, which can delay finalizing the divorce.
Carefully review your spouse’s statement
When you receive your spouse’s financial declaration, carefully review every detail they have provided. If you need further information, you can request it from them during the discovery phase via interrogatories, depositions, and subpoenas. If you notice suspicious activities in your spouse’s finances, you should raise the matter immediately. For instance, you notice they have reported a low income, did not provide certain bank statements, are withdrawing large amounts without an explanation or are suddenly paying unfamiliar vendors or employees from their business.When you report a suspicious activity to the court, it can immediately order your spouse to stop transferring assets, which can significantly protect you.A spouse hiding income is not an uncommon issue during divorce. This usually leads to unfair property division. Get more information about financial disclosures to protect yourself and your interests.
]]>On Behalf of Rioles Law Offices<![CDATA[Is ‘nesting’ a good option for high-conflict divorces?]]>https://www.riolesfamilylaw.com/?p=504462026-04-01T15:36:50Z2026-04-01T15:36:50ZWhat is a nesting arrangement?
Nesting is a co-parenting arrangement designed to reduce disruption for children after divorce. Instead of moving between two homes, your children stay in one residence. You and your co-parent take turns living in the family home during your scheduled parenting time.
The goal is to give children stability and routine during a major family transition.
What are the benefits and challenges of nesting?
Nesting can have clear benefits. Children stay in familiar surroundings and maintain schools, friends and social activities. However, nesting also requires parents to share household duties and communicate regularly about the home.
Nesting usually requires:
Sharing costs and maintenance for the home
Agreeing on house rules and coordinating schedules
Making joint decisions on repairs, utilities and daily tasks
Respecting each other’s privacy while living in the same home
Courts usually approve nesting only if parents can cooperate. If conflict is high, this arrangement may not work well.
Can nesting be a temporary solution?
Some families use nesting for a short time while the divorce is finalized. Limiting it to a set period can make it easier to manage, even if parents disagree.
Courts can also allow creative custody plans if they serve the child’s best interests. But judges also recognize when an arrangement is not practical. If you consider nesting temporarily, set clear timelines and exit plans in advance.
Navigating a child custody case in a high-conflict divorce
Handling child custody during a high-conflict divorce requires careful planning. While certain arrangements like nesting may not be practical, there are still various custody options you may consider. With legal counsel, you can evaluate alternatives and choose the approach that best supports your family during this transition.]]>On Behalf of Rioles Law Offices<![CDATA[Does cohabitation automatically end alimony in Rhode Island?]]>https://www.riolesfamilylaw.com/?p=504442026-03-09T15:21:14Z2026-03-09T15:21:14ZIf you relied on alimony after a long marriage and plan to move in with a new partner, you may be wondering if that step will end your alimony.
Under Rhode Island law, cohabitation does not automatically end alimony. Your former spouse must ask the court to review your existing order and a judge will look at whether your new living arrangement changes your financial needs. The exact language in your divorce judgment will also matter.
What courts review when you move in with someone
Rhode Island courts focus on whether your new relationship creates real financial support and if your situation shows a substantial change in circumstances. This means looking at how you and your partner share your lives and expenses.Courts may look closely at several details, including:
Whether you share rent, mortgage or utility payments
Whether you combine bank accounts or other assets
How long you have lived together and how stable the relationship appears
Whether your partner helps pay for your daily living costs
These facts help the court decide if your need for alimony has decreased due to the relationship.If your divorce judgment includes a cohabitation clause, the court will also enforce that language and change the standard analysis. However, alimony still continues unless and until a judge modifies the order.
Protecting your financial stability before making the move
Remarriage often ends alimony in Rhode Island depending on the order, but cohabitation may not work the same way. The court must review the facts first before changing support.You may want to read your final judgment with care. Some agreements define cohabitation in clear terms. State courts also generally modify from the date of filing, so an ex-spouse waiting to file can matter.In high-asset divorces, judges may review lifestyle changes and household economics more closely because a move that feels personal can escalate into a legal dispute.
Planning your next chapter of life
You do not automatically lose alimony because you move in with a new partner. Rhode Island courts look at its financial impact, not just your relationship status.When you understand how judges analyze cohabitation, you can make decisions with greater confidence. Careful planning can help you protect the stability you worked hard to secure.]]>On Behalf of Rioles Law Offices<![CDATA[What is the purpose of a QDRO during a divorce?]]>https://www.riolesfamilylaw.com/?p=504422026-02-19T20:17:27Z2026-02-19T20:17:27ZWhat is the function of a QDRO?
The name of a QDRO does not provide much insight into its purpose. It is a special legal document used to divide retirement accounts and pensions. When either spouse has a pension accrued with their employer or a tax-deferred retirement savings account, a QDRO helps facilitate the division of that pension or account.
Early withdrawals from retirement savings accounts often lead to financial penalties. Spouses may lose an additional 10% of the amount withdrawn as a penalty for making a pre-retirement withdrawal. They also need to report the funds withdrawn as taxable income.
A QDRO approved by both spouses and the courts allows for the division of a pension, 401(k) or similar account without penalties or tax consequences. Typically, spouses must have a lawyer draft the document after the courts approve a final property division order.
Understanding the rules that govern the division of property in a high-asset divorce can help people make use of the tools that exist for their financial protection. QDROs can be invaluable for those who need to split retirement accounts or pensions when they divorce.]]>On Behalf of Rioles Law Offices<![CDATA[Can a court force you into a parallel parenting arrangement?]]>https://www.riolesfamilylaw.com/?p=504402026-02-11T09:17:20Z2026-02-11T09:17:20ZIf every attempt at a civil conversation with your ex-spouse ends in a courtroom motion, the court may decide to end the cycle by force. Parallel parenting is frequently used as a legal fix for families trapped in a loop of litigation. Even if you insist on a traditional co-parenting relationship, judges have the power to order this structured, disengaged model over your objections.
What gives courts this authority?
Family courts in Rhode Island operate under the "best interests of the child" standard. This rule grants judges the power to create custody arrangements that protect your children's well-being. When the court sees evidence that ongoing conflict harms your kids, the judge can order specific parenting structures without requiring your consent.
What situations can trigger mandatory parallel parenting?
Rhode Island courts do not order parallel parenting on a whim. They usually require this arrangement when you and your ex-spouse show specific patterns of behavior, such as:
Documented harassment through texts, emails or phone calls
Judges examine how willing each parent is to help the child bond with the other. If one parent uses every interaction to attack the other, the court typically sees a high-conflict dynamic.
What does a court-ordered parallel parenting plan include?
Once the judge orders parallel parenting, the arrangement becomes legally binding. Your court order will list approved communication methods, often limiting you to email or a co-parenting app. The plan splits up decision-making authority, giving each parent total control over specific aspects of your children's lives.The order also establishes strict rules for exchanges. You must follow designated pickup and drop-off locations, typically in public spaces or through third-party supervisors. Violations of these court rules can result in contempt charges.
Can you fight a parallel parenting order?
You can object to a parallel parenting arrangement, but courts rarely change their minds without strong proof. The judge who reviewed your case history and decided that parallel parenting serves your children's best interests will need clear evidence that your situation has improved.]]>On Behalf of Rioles Law Offices<![CDATA[3 factors that can influence alimony: Amount and duration]]>https://www.riolesfamilylaw.com/?p=504372026-02-08T19:16:46Z2026-02-08T19:16:46Z1. The income of both spouses
Generally speaking, there needs to be a significant discrepancy in the income or personal resources of the spouses to justify an alimony order. The spouse requesting alimony must show that they require support and that their spouse has the ability to pay. The courts may also consider the standard of living during the marriage in addition to the income of the spouses when deciding how much alimony is appropriate.
2. The duration of the marriage
Longer marriages typically result in more financial entanglement. When couples divorce after decades of marriage, the courts are more likely to agree that alimony is necessary. The duration of the alimony order could potentially be longer due to the length of the marriage.
3. The sacrifices of the requesting spouse
Frequently, the courts look at whether the spouse requesting alimony made career concessions for the benefit of the family unit. If they gave up their job or stopped pursuing advancement opportunities to prioritize their family, those professional sacrifices may influence the final alimony order.
The unique details of a marital relationship can have a profound impact on an order entered by the courts. Consulting with a family law attorney can be helpful for those hoping to secure alimony as part of a complex divorce to better understand their rights and exercise their options.]]>